WEBSITE TERMS OF USE
ATP Media Operations Limited is a company registered in England and Wales under company number 03650220, with its registered office at Thames House, Portsmouth Road, Esher, England, KT10 9AD and with VAT number 289046174 (the "Company"). The Company operates the following websites:
a) https://www.atpmedia.tv/ (the "ATP Media Site");
b) https://atptourarchive.com/ (the "ATP Archive");
c) https://atpmedia.sharepoint.com/sites/mediaportal (the "ATP Media Portal"); and
d) https://atpmedia.sharepoint.com/sites/stakeholderportal (the “ATP Stakeholder Portal”),
each a "Website" and together the "Websites".
1. Understanding these terms of use
1.1 These terms of use (these "Terms") describe how you may access and use the Websites.
1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean:
1.3.1 if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession (i.e. if you are a "Consumer"), the person accessing or using the Websites; or
1.3.2 if you are acting for purposes relating to your trade, business, craft or profession (i.e. if you are a "Business"), the business on whose behalf you are acting.
1.4 Please note, however, that certain functions made available on the Websites are governed by additional terms and conditions, including (without limitation) if you are a Business, any downloading or accessing of content on the ATP Media Portal and/or the ATP Archive, which is governed by a separate agreement between you and us (the "Content Terms").
1.5 In addition to clause 1.4 above, please note that:
1.5.1 the ATP Archive uses cookies, the use of which is governed by our ATP Archive cookies policy (available here);
1.5.2 the ATP Media Portal uses cookies, the use of which is governed by our ATP Media Portal cookies policy (available here);
1.5.3 the ATP Stakeholder Portal uses cookies, the use of which is governed by our ATP Stakeholder Portal cookies policy (available here); and
1.5.4 we only use your personal information in accordance with our privacy policies (the ATP Media Site privacy policy is available here and the privacy policy for the ATP Archive, ATP Media Portal and ATP Stakeholder Portal is available here).
2. The Websites
2.1 The Websites are made available free of charge. We do not guarantee that the Websites, or any content on them, will always be available or be uninterrupted. Access to the Websites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Websites without notice. We will not be liable to you if for any reason the Websites are unavailable at any time or for any period. We may update the Websites and/or change the content on them at any time.
2.2 You are responsible for making all arrangements necessary for you to have access to the Websites. You are also responsible for ensuring that all persons who access the Websites through your internet connection are aware of these Terms and that they comply with them.
2.3 The Websites and the content on them are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
3. Your account and password
3.1 If you are a Business and wish to access certain services available on the ATP Archive, ATP Media Portal or the ATP Stakeholder Portal, you will need to register an account with us ("Account"). If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party.
3.2 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.3 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at info@atpmedia.tv.
3.4 You are responsible for any unauthorised use of your Account login details.
4. Acceptable use
General
4.1 You agree not to:
4.1.1 use the Websites in any way that breaches these Terms or any applicable local, national or international law or regulation;
4.1.2 copy, or otherwise reproduce or re-sell any part of the Websites unless expressly permitted to do so in these Terms; or
4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Websites or any equipment, network or software used in operating the Websites.
User Generated Content
4.2 Without affecting any Content Terms in place between you and us, if it is the case that you supply/upload any content to the Websites – whether it be video or audio recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:
4.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2 it must not harass or bully another person;
4.2.3 it must be true and honest so far as you know;
4.2.4 it must not be defamatory of anyone;
4.2.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
4.2.6 it must not contain someone else’s personal details or confidential information relating to other people; and
4.2.7 it must not promote or condone terrorism, violence or illegal behaviour.
4.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
4.4 In addition, we may from time to time provide interactive services on the Websites that enable you to upload User Generated Content, including, without limitation:
4.4.1 comment facilities; and/or
4.4.2 bulletin boards,
(together "Interactive Services").
4.5 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.6 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Viruses
4.7 We do not guarantee that the Websites will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Websites and we recommend that you use your own virus protection software.
4.8 You must not misuse the Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites. You must not attack the Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Websites will cease immediately.
5. Intellectual property
5.1 We are, as between you and us, the owner or licensee of all intellectual property rights in the Websites and its content, the ATP Media name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms (unless expressly authorised to do so under the Content Terms). Save as set out in the Content Terms, you must not use the Websites (or any part of it or its content) for commercial purposes; however, you may download material from the Websites solely for non-commercial, personal use by you.
5.3 No part of the Websites, including, without limitation, the videos, text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent (unless you are expressly authorised to do so under the Content Terms).
5.4 Any communications or materials you send to us through the Websites by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us.
6. Our liability
6.1 Nothing in these Terms excludes or limits our liability for:
6.1.1 death or personal injury caused by our negligence;
6.1.2 fraud or fraudulent misrepresentation; and
6.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2 We assume no responsibility for the content of websites linked to from the Websites (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.3 Save (if you are a Business) as set out in the Content Terms:
6.3.1 we only supply the Website for domestic and private use;
6.3.2 you agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
6.3.3 nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
6.4 If you are a Business, and without affecting any limitation or exclusion of liability provisions in the Content Terms:
6.4.1 all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, (including but not limited to implied undertakings of satisfactory quality, conformity with description, fitness for any particular purpose or ability to achieve a particular result) are hereby excluded to the maximum extent permitted by law;
6.4.2 we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss whatsoever;
6.4.3 without affecting clause 6.1, our maximum aggregate liability under and/or in connection with these Terms and/or your use of the Websites (whether in contract, tort (including negligence) or otherwise), in respect of all our acts, omissions (including negligence), breach of statutory duty or breach of warranty, including those of our officers, employees, agents, contractors, or sub-contractors or affiliates, shall not exceed £100;
6.4.4 you acknowledge that your sole remedy in respect of any breach of these Terms by us or any other act or omission by us in relation to these Terms and/or the Websites, to the exclusion of any and all other remedies (including, without limitation, any claim in tort), is a contractual claim for breach of these Terms; and
6.4.5 you will indemnify us and keep us indemnified for any and all losses, expenses and liabilities resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our officers, contractors, sub-contractors, agents, employees or affiliates which arise out of your use of the Websites, and/or your breach of these Terms.
6.5 The Websites may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Websites.
6.6 We will not be liable to you if our provision of the Websites or any services available through the Website is delayed or prevented by an event outside our control.
7. Suspension and termination
7.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
7.1.1 issue a warning to you;
7.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Websites;
7.1.3 temporarily or permanently withdraw your right to use the Websites;
7.1.4 suspend or terminate your Account;
7.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
7.1.6 take further legal action against you; and/or
7.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
8. Changes to these Terms
We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Websites.
9. Other important information
9.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
10. Governing law and jurisdiction
10.1 If you are a Business then the following sub-clauses shall apply:
10.1.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Websites, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
10.1.2 The courts of England and Wales will have non-exclusive jurisdiction over any disputes between us (both contractual and non-contractual).
10.2 If you are a Consumer, then the following sub-clauses shall apply:
10.2.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Websites, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
10.2.2 You can bring proceedings in respect of these Terms in the English courts. However, as a consumer, if you live in another European Union member state and we direct the Websites to the member state in which you are resident, you can bring legal proceedings in respect of these Terms in either the English courts or the courts of that Member State, and you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.2.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
11. Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Address: ATP Media, Thames House, Portsmouth Road, Esher, Surrey, KT10 9AD
Email address: info@atpmedia.tv
Telephone number: +44 020 3416 6111
Thank you.
Terms last updated 22 May 2019